Abstract

This research purposes to describe how legal protection of unregristered marriage in perspective civil low, and how unregristered in the perspective of islamic law. Besides that. Explain how legal protection of unregistered marriage.
This study uses literature research (library research), which precedes the sources such as books, papers, articles, newspapers, and other library materials. This method will give the possibility to be resolve some problems by collecting the scientific data. The approach used in this study is a qualitative approach. Means that in collecting data tends to use library research methods, the data comes from the sources of literature. The resesearcher refers the books that are related to the subject matter discussed, that is by the way to read, understanding and concluding directly related to the research conducted.
Study result show that sirri marriage have solution by making marriage in the isbat way. After that, then will the emergence of the protection given by the government for the unregristered marriage. But, when the husband is unwilling to perform isbat of marriage against the marriage, of course the wife does not get the civil rights. In this case, the wife must be able to still apply for isbat of marriage, even though the husband does not attend the court process (verstek) later. Therefore, the wife must be able to convince the judges, if the petition is wanted to be granted. By including the strong evidence, such as witnesses, statement married when the procession of sirri marriage held (if exist), and so forth. As the petition is granted, then the wife gets the rights of justice deserved.